OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities

OBLIGATIONS RELATED TO AND METHODS OF ENSURING SERVICES

Note: Letters issued prior to December 3, 2004, may
not be consistent with the IDEA, as revised by P.L. 108-446. Letters
issued prior to August 14, 2006 may not be consistent with the final regulations
for Part B published on that date at 71 Federal Register 46540.
Readers are advised to consult with the current statute and final regulations.

September 5, 2013 to PAVE Parent Training and Information Program Director Vicky McKinneyTOPIC ADDRESSED: Methods of Ensuring ServicesSECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 612— State EligibilityPDF (69KB)

Letter to Joseph Kinney
July 23, 2008
Topic: Obligations Related to and Methods of Ensuring Services
Letter reiterating the Department's position that Medicaid billing issues are governed primarily by Medicaid requirements and State law, and explaining the parental consent requirements that apply when access to public benefits or insurance is soughtMS
Word (42K) | PDF
(215K)

Letter to Angela Jones
August 7, 2008
Topic: Obligations Related to and Methods of Ensuring Services.
Letter concerning a separate State agency that would provide outreach programs for children who are blind or visually impaired.MS
Word (42K) | PDF
(215K)

Letter to John Copenhaver
January 24, 2008
Topic: Methods of Ensuring Services
Letter clarifying that Impact Aid funds and Medicaid funds are considered Federal funds, and may not be treated as State and local funds for maintenance of effort calculations.MS Word (22K) |
PDF (78K)

Letter to Carlette Morris
August 15, 2007
Topic: Methods of Ensuring Services
Letter regarding use of an interagency agreement between a state or LEA and a State Medicaid Agency to obtain Medicaid reimbursement for Medicaid-covered services included in a Medicaid-eligible child's individualized education program (IEP).MS Word (33K) |
PDF (151K)

OSEP Memorandum 07-10 to State Directors of Special Education
May 3, 2007
Topic: Methods of Ensuring Services
Letter clarifying requirements for obtaining parental consent when a public agency seeks access to a child's public benefits or public insurance to pay for required special education and related services for Medicaid-eligible children and explaining that the LEA does not have to obtain a separate parental consent if parental consent is given directly to another agency, such as a state's Medicaid Agency.MS
Word (33K) |
PDF
(151K)

Letter to Chairman John D. Hill
March 8, 2007
Topic: Methods of Ensuring ServicesLetter clarifying requirements for obtaining parental consent when a public agency seeks access to a child's public benefits or public insurance to pay for required special education and related services for Medicaid-eligible children and explaining that the local educational agency (LEA) does not have to obtain a separate parental consent if parental consent is given directly to another agency, such as a state's Medicaid Agency.MS
Word (33K) | PDF
(151K)

Letter to Ms. Carolyn Guess>
February 9, 2007
Topic: Methods of Ensuring Services
Letter clarifying requirements for obtaining parental consent when a public
agency seeks access to a child's public benefits or public insurance to pay
for required special education and related services for Medicaid-eligible children.MS
Word (33K) | PDF
(151K)

Letter to Dr. Margaret A. Smith
January 23, 2007
Topic: Methods of Ensuring Services
Letter clarifying requirements for obtaining parental consent when a public
agency seeks access to a child's public benefits or public insurance to pay
for required special education and related services for Medicaid-eligible children.MS
Word (33K) | PDF
(151K)

Letter to Ms. Susan D. DuRant
November 6, 2002
Topic: Methods of Ensuring Services
Letter regarding requirements to obtain parent consent under Part B of the IDEA
and the Family Educational Rights and Privacy Act (FERPA)
in order to access Medicaid or public insurance benefits.MS
Word (33K) | PDF
(151K)